Legal Opinion

State v. Rodriguez

Supreme Court of New Jersey

Decided June 9, 2008No. A-25/A-26 September Term 2007PublishedCited by 29 opinions

1Opinion of the CourtJustice Albin

The central issue in this appeal is whether a person who has an honest and reasonable belief that the use of deadly force is necessary to repel an assailant from inflicting on him death or serious bodily harm can be criminally liable for the reckless manslaughter of that assailant. Essentially, we must decide whether a valid self-defense claim and a reckless manslaughter conviction of an aggressor are mutually exclusive under the New Jersey Code of Criminal Justice.

Defendant Wilberto Rodriguez was indicted for the first-degree purposeful or knowing murder of Anthony Hobbs, N.J.S.A.…

2Cases cited9 opinions

  1. State v. KellySupreme Court of New Jersey · 1984
  2. State v. JordanSupreme Court of New Jersey · 1997
  3. State v. SimonSupreme Court of New Jersey · 1979
  4. State v. GallowaySupreme Court of New Jersey · 1993
  5. State v. KoskovichSupreme Court of New Jersey · 2001

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3Cited by29 opinions

  1. State v. Naquan O'neil (072072)Supreme Court of New Jersey · 2014
  2. State v. HandySupreme Court of New Jersey · 2013
  3. Anthony Haire v. StateWyoming Supreme Court · 2017
  4. State of Arizona v. Jesus Xavier AlmaguerCourt of Appeals of Arizona · 2013
  5. State of New Jersey v. Jacob R. GentryNew Jersey Superior Court Appellate Division · 2015

24 more not listed; retrieve them via the Exa API.

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